Warranty

LIMITED WARRANTY. All products manufactured by Seller are warranted to be free
from defects in material and workmanship under normal use and service, when installed,
used and serviced in the manner intended. THIS EXPRESS WARRANTY IS IN LIEU
OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED,
IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF REMEDIES. Buyer’s sole and exclusive remedy against Seller will be
limited, at Seller’s option, to the repair or replacement by Seller of any nonconforming
product for which claim is made by Buyer or to the issuance of a credit for such
nonconforming product in accordance with these terms and conditions provided Buyer
obtains a return material authorization from Seller and Seller is given a reasonable
opportunity to inspect the product and confirm such nonconformity. This exclusive
remedy shall not be deemed to have failed of its essential purpose so long as Seller is
willing and able to repair or replace the nonconforming product and, in any event,
Seller’s liability for any damages due Buyer shall be limited to the purchase price of the
nonconforming products. THIS PARAGRAPH DETAILS BUYER’S SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
LIMITATIONS ON ACTIONS AND LIABILITY. The statute of limitations applicable
to all claims arising under this agreement shall be one year from the date the claim
accrues. SELLER WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY
RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY
FAILURE TO PERFORM WHICH IS DUE TO CIRCUMSTANCES BEYOND ITS
CONTROL. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL
DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND
DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING
FROM SELLER’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE
PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS
LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PRODUCTS.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT
LIMITATION, LOST REVENUES AND PROFITS, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO
RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS BUYER’S
EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER
CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.